Deputy President designate Kithure Kindiki and impeached Deputy President Rigathi Gachagua//Photo Courtesy
The newly appointed and already approved Deputy President, Hon. Kithure Kindiki is yet to be sworn in as the second in command.
Kindiki is, however, at a crossroad, concerning pending cases surrounding his oath of office and the suspension of the impeachment of Rigathi Gachagua by the High Court.
There is a matter of concern as the case that stopped his swearing in expires today, yet the court has not touched this case. The court has been on other cases surrounding the impeached Deputy President Rigathi Gachagua.
His legal team, earlier today led by Tom Ojienda asked the High Court to prioritize the conservatory order case since it requires urgency. However, all have been overwhelmed by Gachagua’s impeachment case.
“That order was issued by a single judge, it’s nature is problematic. If possible we ask that we be heard today . We want to ensure everything is concluded lawfully,’’ pleaded Ojienda
But Justice Eric Ogola insisted that due process be followed.
He said, “We have been courteous. Let’s wait for the proceedings this afternoon . The bench will not allow any party to take the court process in circles.”
The order interdicting Kindiki from taking oath of office and suspending the Senate’s resolution on impeaching Gachagua was imposed on 18th October by Justice Chacha Mwita.
Another one was issued at Kerugoya court by Justice Richard Mwongo, whose conservatory order came shortly after a case was tabled by David Mathenge and four others.
“In light of the nature of the matters raised herein, conservatory orders are hereby issued against implementation of the resolution of the Senate, preventing any person including the 2nd interested party appointed by the President and approved by the National Assembly from assuming the office of the Deputy President,” read the order.
Assuming of office of the Deputy President by Kithure Kindiki has been conquered by challenges.
Analysts say he is not fit to assume the controversial office since he has not resigned from his Interior CS office.
Dr Martin Oloo, Head of public Law at Daystar University and political analyst, while speaking on Citizen TV earlier today said that there is no need to rush the process of filling the vacant office since Kindiki is not lawfully fit.
“There are issues on the gov’t side that if they rush, they will be making a very big mistake. The person they want to hurriedly swear has not resigned as a Cabinet Secretary, therefore, constitutionally, he doesn’t qualify to be sworn in.”
Dr. Oloo also asserted that the office of the DP is not that important and the country is not in any crisis.
“ The office of the DP is not a critical office. If they are not there to perform their function, somebody else in line can perform that function. Anyone arguing that we are in a crisis is in a political field and not a legal field.’’
He added,
“ We can live without a deputy president because there’s a constitutional mechanism to ensure there’s no crisis. If there’s a crisis, the Speaker is next in line.’’
He also maintained that Rigathi Gachagua is still the Constitutional DP since the conservatory orders halted his impeachment until justified in a court of law.
“ There’s no political crisis, we still have a DP in place because of the conservatory orders. If we turn either way, we will still have a DP because on one hand we can go back to status quo, and if we turn the other way, we can swear in the other.’’
At the time of this update, the case is undergoing. Gachagua’s legal team has appealed against the ruling of the High Court that the three judge bench was constituted lawfully.
As it stands now, the case that blocked the swearing in of Prof. Kithure Kindiki might expire. If it does, what will be the outcome?
